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Birth certificate

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Removing name from Birth certificate

What is the name of your state?mississippi

My husband was married previously at a very young age. Him and his wife split up but did not get a divorce for quite some time. During which she got pregnant. The child was born before the divorce. In mississippi if you are married your husbands name has to be put on the birth certificate regaurdless of whether or not he is the father. When they got a divorce the bio father went to court with them and gave the judge noterized papers that they all signed stating that he was the father and not my husband so that there would be no child support or visitation. But for some reason my husband name still remains on the Birth Certificate. The child is now 11 years old and the bio father has nothing to do with him and the mother is trying to tell the child after all this time that my husband is his real Dad. My husband and the ex both know that there is no possible way for that to be true. So What we are wanting to know is how can we go about getting my husbands name off the Birth certificate. Does he have to go to court to do this?
 
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tired_of_it said:
What is the name of your state?mississippi

My husband was married previously at a very young age. Him and his wife split up but did not get a divorce for quite some time. During which she got pregnant. The child was born before the divorce. In mississippi if you are married your husbands name has to be put on the birth certificate regaurdless of whether or not he is the father. When they got a divorce the bio father went to court with them and gave the judge noterized papers that they all signed stating that he was the father and not my husband so that there would be no child support or visitation. But for some reason my husband name still remains on the Birth Certificate. The child is now 11 years old and the bio father has nothing to do with him and the mother is trying to tell the child after all this time that my husband is his real Dad. My husband and the ex both know that there is no possible way for that to be true. So What we are wanting to know is how can we go about getting my husbands name off the Birth certificate. Does he have to go to court to do this?
Yes he needs to petition the courts for paternity it sometimes belongs on the same papers to determine child support. Depending on your states papers you would just file as if you were filing for custody or visitation and mark the little box that you want a paternity test done. Thats the only way i would know to do it but there might be more. I would try contacting your local vital statistics and ask them advice too. What he would have to do is be proven that hes not the father.
 

rmet4nzkx

Senior Member
George1620 said:
Yes he needs to petition the courts for paternity it sometimes belongs on the same papers to determine child support. Depending on your states papers you would just file as if you were filing for custody or visitation and mark the little box that you want a paternity test done. Thats the only way i would know to do it but there might be more. I would try contacting your local vital statistics and ask them advice too. What he would have to do is be proven that hes not the father.
Once again George is wrong, no wonder he thinks people argue here trying to figure things out because he doesn't know what he is talking about doesn't mean that everyone else is equally ignornat. George, don't attempt to answer questions if you don't know the answers! :rolleyes:
When your husband was going through his divorce and paternity was disestablished for him and established for the bio dad, unless it was ordered at the time to change the name, it became the option for the bio dad to petition to amend the birth certificate, which he apparently has not done. Your husband has no rights to change the child's name.
Uniform Parentage Act.
http://www.aaml.org/Articles/2000-1...COMMENTS .htm
 
I think there was a little misunderstanding. He is not wanting to change the childs name. The child has the bio dads last name. And that is how it should be. What my husband wants is to have his name taken off the birth certificate since he is not the childs bio father and has never had any relationship with the child as a father.
 

rmet4nzkx

Senior Member
tired_of_it said:
I think there was a little misunderstanding. He is not wanting to change the childs name. The child has the bio dads last name. And that is how it should be. What my husband wants is to have his name taken off the birth certificate since he is not the childs bio father and has never had any relationship with the child as a father.
They don't "take his name off" the original birth certificate, there may be an amendment to it or other order that allows the child to use the last name of the bio dad, but the original birth certificate in not channged that is why I used the term amendment. There is no misunderstanding on my part.
 
So are you saying that even though he is not the childs father, in any sense of the word, that he has to remain on the birth certificate as father unless the bio father wants it changed, He already uses the bio fathers last name and has since birth.
Ok so he cant "take it off". How can he get a new birth certificate or an amendment, or whatever to not have his name on there anymore.
 
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rmet4nzkx

Senior Member
tired_of_it said:
So are you saying that even though he is not the childs father, in any sense of the word, that he has to remain on the birth certificate as father unless the bio father wants it changed, He already uses the bio fathers last name and has since birth.
Ok so he cant "take it off". How can he get a new birth certificate or an amendment, or whatever to not have his name on there anymore.
NO, no, NO!
What part of no can't you understand?

He can't, he has no rights, they have been termnated and they don't issue new birth certificates to persons or their current spouses without rights.
 
I am completely aware of what no means. But what you are saying does not make sense. How does he not have any rights. He is falsely named as a childs father on a legal document(Birth Certificate) He doesnt want any legal rights over a child that is not his. He does not want any ties to a child that is not his. There has to be a way to completely terminate all ties to a child that is not even his. He never wanted his name on a birth certificate for a child that is not his.
Would you want to be named as a childs parent that you are not bio related to or even had any contact with.
 

rmet4nzkx

Senior Member
He was not falsely named as the father on the birth certificate, he was married at the time to the mother and he was the legal father. It would have been illegal to place any other name on the birth certificate without the paternity actions described in the uniform paternity act I posted before.

Legally neither of you have any concern or standing in this matter, no matter you have difficulty getting along with your MIL! Why don't you conger up a spell to make his name on the birth certificate disappear?
 
Let's put this under a different scenerio. I was born in the marriage of John & Jane Doe. They divorce. Jane marries Jeff Q. Public. Now Mr. Public wants to adopt me and does. I now am in possession of TWO legal birth certificates. But the one with the Doe name is sealed. The Public certificate is the real legal document.

Even tho the child was proven not to belong to your husband, his name still appears on the birth certificate as the father. The amendment is the document proving that your husband is not the father.

The only person that can change or have the birth certificate sealed is the mother and the real father. for that to happen, the real father must be willing to "adopt" the child and from the tone of your post, that isn't about to happen. The orginial document "cannot be changed". Just amended.

I don't know about your state but here in Kansas, having paternity established was enough for my son to get out of paying child support for a child that was proven not to be his, even tho that child was born before the divorce was final.

keep the papers proving that your husband is not the childs father. That is the only rights he has.
 

LdiJ

Senior Member
Wow...I have to disagree with pretty much everybody here.

Paternity was dis-established. The birth certificate can certainly be amended to remove his listing as the father, and should be.

Consult a local attorney for the proper methodology to accomplish that. It may be as simple as providing the department of vital statistics with copies of the afidavits and court orders made when paternity was dis-established, it may require further action beyond that. A local attorney can best provide the necessary answers.
 

rmet4nzkx

Senior Member
LdiJ said:
Wow...I have to disagree with pretty much everybody here.

Paternity was dis-established. The birth certificate can certainly be amended to remove his listing as the father, and should be.

Consult a local attorney for the proper methodology to accomplish that. It may be as simple as providing the department of vital statistics with copies of the afidavits and court orders made when paternity was dis-established, it may require further action beyond that. A local attorney can best provide the necessary answers.
Did you read this?
I have been talking about amending the birth certificate, that was already done but she wants his name removed from the original birth certificate! That cannot be done.
 

LdiJ

Senior Member
rmet4nzkx said:
Did you read this?
I have been talking about amending the birth certificate, that was already done but she wants his name removed from the original birth certificate! That cannot be done.
I went back and re-read it again and I don't see where she is stating that an amended birth certificate has been issued and they want the original changed. All I can see is that they want the prior legal dad off of the "official" birth certificate...which certainly CAN be done via an amended BC.
 

rmet4nzkx

Senior Member
LdiJ said:
I went back and re-read it again and I don't see where she is stating that an amended birth certificate has been issued and they want the original changed. All I can see is that they want the prior legal dad off of the "official" birth certificate...which certainly CAN be done via an amended BC.
:rolleyes:
 
Thank you LdiJ. Apperently you do not have problems with reading comprehension. Although rmet4nzkx seems to. Maybe some courses would help with that problem.
I never said that the original Birth Certificate was ammended. I only said that in the divorce mom and bio dad had noterized papers to give the judge stating he was not bio dad so that my husband didnt have to pay child support or have visitation with a child that he did not father.
What my husband wants is to have his name off of the present offical birth certificate that he will use for school and so forth. What ever is on the first one is on it we cant go back in time. He just wants a new one that does not list him as father since he isnt the father.
As for my mother in law this thread has nothing what so ever to do with her. So I would appreciate you keeping references to that thread out of this one. This is a completely different situation. But one thing I do want to address. As for the spell comment if you will read the grandmother thread you will see where I very clearly stated on numorous occasions that I DO NOT practice witch craft. But apparently you are once again having problems with reading comprehension.
 
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